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The Influence of EU Common Investment Policy on the System of International Investment Law
Svoboda, Ondřej ; Lipovský, Milan (referee)
1 The Influence of EU Common Investment Policy on the System of International Investment Law Abstract Extending exclusive European Union (EU) competence to foreign direct investment (FDI) in the Lisbon Treaty has had profound implications. The EU began to develop its own investment policy, including negotiating either international investment agreements or comprehensive trade and investment agreements with third parties. Taking into account the magnitude of the EU economy and the fact that EU Member States have concluded almost 1 400 bilateral investment treaties (BITs) out of roughly 3 300 in force worldwide, the potential of European influence over the system of international investment, based principally on BITs, is enormous. The aim of this dissertation is to assess how and in which way the new EU competence changes the system. The EU investment policy has developed a specific approach towards investment protection and investment dispute mechanism which does not envision content declared at its beginning. According to initial documents such as the European Commission's Communication Towards a comprehensive European international investment policy, the Union should have followed the available best practices of the Member States. Nevertheless, during the first bilateral negotiations with Canada and...
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The Influence of EU Common Investment Policy on the System of International Investment Law
Svoboda, Ondřej ; Balaš, Vladimír (advisor) ; Šturma, Pavel (referee) ; Chovancová, Katarína (referee)
1 The Influence of EU Common Investment Policy on the System of International Investment Law Abstract Extending exclusive European Union (EU) competence to foreign direct investment (FDI) in the Lisbon Treaty has had profound implications. The EU began to develop its own investment policy, including negotiating either international investment agreements or comprehensive trade and investment agreements with third parties. Taking into account the magnitude of the EU economy and the fact that EU Member States have concluded almost 1 400 bilateral investment treaties (BITs) out of roughly 3 300 in force worldwide, the potential of European influence over the system of international investment, based principally on BITs, is enormous. The aim of this dissertation is to assess how and in which way the new EU competence changes the system. The EU investment policy has developed a specific approach towards investment protection and investment dispute mechanism which does not envision content declared at its beginning. According to initial documents such as the European Commission's Communication Towards a comprehensive European international investment policy, the Union should have followed the available best practices of the Member States. Nevertheless, during the first bilateral negotiations with Canada and...
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Protection of Investments in Gas Sector: The Perspectives of Legal Relations between the European Union and the Russian Federation
Lyapina, Elmira ; Šturma, Pavel (advisor) ; Balaš, Vladimír (referee) ; Stehlík, Václav (referee)
The absence of a relevant legal basis between huge commercial partners such as the EU as a single entity and the Russian Federation promoted the emergence of a legal vacuum. The long term cooperation between Russia and the EU has only one bilateral agreement - the Agreement on Partnership and Cooperation signed in 1994, which is however obsolete, and does not meet the contemporary needs. The adequate legal basis for Russia-EU cooperation in the gas sector is still missing. The protection of investments in the gas sector is being realized by bilateral agreements between Russia and EU member states, soft law and general international agreements, without any specifications for those two partners. The only international instrument covering the energy relations of these two partners - Energy Charter Treaty cannot be considered as a reliable mechanism, as Russia withdrew from it more than 8 years ago. The reasons of the withdrawal and the Yukos case as an illustrative example are discussed in this paper. In order to avoid uncertainty in such strategic area as gas investment relations and unpredictable decisions between the states represented by the commercial entities, there is a need to design a substantive legal basis, and a need to consider on the adequate dispute resolution body. In this thesis, key...
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The concept of investments in international agreements on investment protection
Klucký, Lukáš ; Balaš, Vladimír (advisor) ; Trapl, Vojtěch (referee)
The Concept of Investment in International Agreements on Investment Protection The definition of investment is the key task for correct scope of application of rights and obligations, arising from investment contracts and for establishment of tribunals' jurisdiction above disputes, arising from contracts of investment character. The Work goal is analysis of individual bilateral, multilateral and versatile legal acts, containing the term "investment", from the international law viewpoint. It contains brief historical development and clarification of requirements that the investment must fulfill so that the investor, no matter whether a natural person or a juridical person, could claim protection of his/her investment, provided in compliance with relevant investment protection agreements. In spite of general cultural, political and geographical variety of the acts analyzed, it is possible to observe an effort to find common elements that the investment should contain and that are based, in particular, on their economic significance. The introductory chapter deals briefly with historical understanding of an investment in the context of international business development, beginning with the diplomatic protection institute, amended in international customary law. The second chapter pursues...
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Protection of foreign investments by international law
Kyselá, Eva ; Grmelová, Nicole (advisor) ; Valenta, Petr (referee)
This thesis focuses on legal protection afforded to foreign investments by international law. Its aim is to survey impartially the sources of international investment law, provide some insight into the procedural mechanisms by means of which the guaranteed standards of treatment and protection of investments are enforced, and analyze the relation of this specific branch of international law to the law of the EU. In its first part, the thesis defines the term foreign investment from both economic and legal point of view, so that it delimites the object of the branch of law which is being studied. In the second part it adresses the sources of international investment law, trying to underline the specific role of the usually overlooked noncontractual sources.The third part summarizes the methods of investment dispute resolution. The final part analyzes the interference of the law of the EU and the international investment law and tries to provide unbiased answers to the questions brought up by the adoption of the Lisbon Treaty in this field.
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